James Lawless (Kildare North, Fianna Fail)
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116. To ask the Minister for Employment Affairs and Social Protection to examine the case of a person (details supplied); and if she will make a statement on the matter. [28436/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the PRSI contribution conditions.

Claimants must have at least 260 (5 years) paid PRSI contributions class (A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their Invalidity Pension claim.

The relevant date is:

(a) any date after the completion of one year of continuous incapacity for work, or

(b) any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

The person concerned submitted an application for Invalidity Pension on 02 April 2024. It was decided that the relevant year in this case is 2022. According to the Department’s records there are no qualifying contributions paid or credited for him in the 2 contribution years immediately prior to 2022. Therefore, he does not meet the qualifying contribution conditions for IP.

An applicant's entitlement to credits while in receipt of Disability Allowance (DA) is dependent on their paid PRSI contributions immediately prior to their DA being awarded as follows:

Where a person has paid PRSI contributions at class A, E, H or P immediately prior, they are entitled to reckonable credits for the duration of their DA claim.

Where the paid PRSI contributions are at class B, C or D immediately prior, they are entitled to non-reckonable credits for the duration of their DA claim.

Where the paid PRSI contributions are at any other class or where there were no paid contributions immediately prior to the award of DA, no credits are due for the duration of the DA claim.

The person in question paid PRSI contributions at class S immediately prior to the award of his DA claim and therefore he has no entitlement to credits for the duration of his DA claim.

It should also be noted that The person in question was medically assessed for IP and does not satisfy the medical conditions for the scheme. The medical conditions for IP are set at a higher threshold than for DA and the fact that the person referred to qualified medically for DA, does not mean he would automatically satisfy medical conditions for IP.

In light of the fact that the person concerned does not meet the qualifying medical or contribution conditions for IP, his application has been disallowed and he was notified of the decision on 11 June 2024. A further letter has issued to the person concerned on 28 June 2024 to clarify that the DO has refused the application on both contribution and medical conditions and affording him the right of review and appeal.

I trust this clarifies the position for the Deputy.